Spinal cord injury accidents often have a devastating effect on a person and their family. Huge medical bills, time off work, trauma, and lengthy rehabilitation create tremendous strain and uncertainty for you and your loved ones.
Whether the injury was due to a vehicle accident, workplace fall, medical malpractice, or various other causes, you have a legal right to seek compensation if you suffered a spinal cord injury due to someone else’s negligence.
For a spinal cord injury claim to be successful, you need an attorney with extensive knowledge of medicine and torts. The catastrophic injury attorneys at Prieto, DelCampo, Lopez, & Marigliano LLC are aggressive in representing clients who have suffered spinal cord injuries, and we know how to build a powerful legal case.
If you or a loved one have suffered a spinal cord injury, contact us today to schedule a free consultation to discuss your case.
How Our Attorneys Can Help With Your Case
Navigating the aftermath of a spinal cord injury is an overwhelming experience for both the victim and their family. When you are focused on medical treatments and adapting to a new way of life, the complexities of a legal claim can feel insurmountable. Our legal team steps in to shoulder the burden, providing the dedicated advocacy needed to hold negligent parties accountable and secure the financial resources required for your future.
- Comprehensive Investigation and Evidence Gathering: A successful spinal cord injury claim depends on proving negligence. We launch a thorough investigation into the circumstances of your accident. Our attorneys work with accident reconstruction experts, forensic investigators, and safety specialists to preserve critical evidence, interview witnesses, and establish a clear chain of liability.
- Quantifying Life-Long Damages: Spinal cord injuries often require a lifetime of care. We do not just look at your current medical bills; we look decades into the future. We calculate the true cost of your injury.
- Aggressive Negotiation with Insurance Companies: Our attorneys are seasoned negotiators who understand the tactics insurance companies use to minimize payouts. We handle all communications and negotiations on your behalf, ensuring that you are not pressured into a lowball settlement that fails to cover your long-term needs.
- Trial-Ready Representation: While many cases are resolved through settlement, we prepare every case as if it is going to trial. If an insurance company or negligent corporation refuses to offer a fair settlement, our trial lawyers are prepared to present your case before a jury.
We are committed to telling your story and fighting for the maximum compensation possible to ensure you have the support and dignity you deserve moving forward.
Types of Spinal Cord Injuries
When discussing spinal cord injuries (SCI), paralysis is typically categorized by how much of the body is affected (type) and the extent of the nerve damage (severity). Together, these classifications provide a roadmap for medical care and long-term support a victim will require.
Locations Along the Spine
The location along the spine where the damage occurred determines which parts of the body are affected.
- Cervical injuries affect the neck region (C1-C7 vertebrae).
- Thoracic injuries affect the upper chest and mid-back (T1-T12 vertebrae).
- Lumbar injuries affect the lower back (L1-L5 vertebrae).
- Sacral injuries affect the hips, buttocks, and pelvic region (S1-S5 vertebrae).
Types of Paralysis
The type of paralysis describes how much of the body has lost function.
- Tetraplegia: Formerly known as quadriplegia, this type of paralysis happens when there is an injury between C1 and T1. The result of an injury to this area is that all four limbs of the body are rendered unmoving and unfeeling due to a spinal cord injury.
- Paraplegia: Resulting from an injury anywhere along the spine from T2 through S5, causing the lower half of the body and the legs to be paralyzed.
Severity of an SCI
The severity of the damage dictates the level of sensation and movement a survivor may retain.
- Complete Spinal Cord Injury: This occurs when the spinal cord is completely severed or crushed, resulting in no feeling or movement below the injury site.
- Incomplete Spinal Cord Injury: This occurs when the spinal cord is damaged but not completely severed, allowing some movement or sensation below the injury site. Depending on where the injury is along the spine, symptoms could include changes in sensation, weakness in the limbs, incontinence, loss of sexual function, neuropathy, muscle spasms or stiffness, or difficulty breathing.
Compensation Available to Spinal Cord Injury Survivors
Georgia law allows spinal cord injury survivors to seek various compensation from at-fault parties. These include economic damages, which are made up of financial losses resulting from an accident, and non-economic damages, which are the intangible losses suffered.
Examples of Economic Damages
- Past and future medical expenses (hospitalization, surgery, rehabilitation, ongoing physical & occupational therapy)
- Cost of long-term nursing care and personal care attendants
- Adaptive equipment, such as wheelchairs and assistive technology
- Lost wages and loss of future earning capacity
- Transportation expenses related to medical care
- Home and vehicle modification costs
Examples of Non-Economic Damages
- Pain and suffering (past and future)
- Loss of enjoyment of life and diminished quality of life
- Mental anguish and emotional distress
- Permanent disability and disfigurement
- Loss of consortium (available to spouses)
Modified Comparative Negligence
Georgia follows a modified comparative negligence system with a 50% bar rule. This means the injured party can receive financial damages only if they are less than 50% at fault for the injury accident. If the injured person is found to be 50% or more at fault for the accident, they are barred from recovering any financial compensation. (O.C.G.A. § 51-12-33)
Statute of Limitations
The statute of limitations for filing a personal injury claim in Georgia is two years from the date of the injury accident (O.C.G.A. § 9-3-33). There are limited exceptions. A spouse has four years to file a loss of consortium claim after their loved one suffers a spinal cord injury. It’s important to contact a Georgia spinal cord injury lawyer as soon as possible after an accident so they can preserve evidence, investigate the injury scene, and file a claim before the statute of limitations expires.
Where Do Spinal Cord Injury Accidents Happen Most Often in Georgia?
In Georgia, spinal cord injuries frequently stem from the state’s bustling transportation networks, rapidly expanding construction zones, and high-traffic public spaces. Understanding where these accidents occur is the first step in identifying liability and pursuing the compensation necessary for long-term care and rehabilitation.
Roadways, Highways and Interstates
Georgia’s major arteries, such as I-75, I-85, and I-20, are prime locations for high-velocity collisions that result in spinal damage. Whether it is a high-speed car accident, a devastating collision with a commercial truck, or a motorcycle crash, the sheer force involved in these incidents often leads to fractured vertebrae or permanent paralysis. Additionally, the risk extends to those outside of vehicles; bicycle and pedestrian accidents in urban centers like Atlanta frequently result in direct impacts to the spine, leaving victims with life-long disabilities.
Construction and Workplace Settings
The inherent danger in Georgia’s construction and industrial sectors present significant risks for spinal trauma. Construction sites are particularly dangerous due to the prevalence of “slip and fall” incidents from scaffolding or ladders. Furthermore, the danger of falling objects, such as unsecured tools or building materials, can cause sudden, crushing injuries to the neck and back. When employers or contractors fail to follow OSHA safety protocols, the workers pay the price with their mobility.
Swimming Pools and Recreational Areas
Georgia’s warm climate makes swimming pools and outdoor recreation popular, but these environments are common sites for spinal cord trauma. Diving accidents in shallow water or unmarked areas are a leading cause of cervical spine injuries and quadriplegia. Deck areas around swimming pools often have wet surfaces that can lead to slip-and-fall accidents. Beyond the water, biking mishaps on poorly maintained trails, and pedestrian or sports-related injuries during organized youth or amateur athletics.
Residential and Commercial Spaces
Property owners in Georgia have a legal duty to keep their premises safe. When they fail to provide adequate lighting or surveillance, negligent security can lead to assaults and acts of violence, such as gunshot wounds or physical attacks that sever or damage the spinal cord. More common hazards in apartment complexes or retail stores, such as slick floors, uneven pavement, or broken stairways, lead to serious slip-and-fall accidents that can permanently damage a victim’s spine.
Hospitals
While hospitals are places for healing, medical negligence can lead to devastating neurological outcomes. Surgical errors represent a significant risk factor for spinal cord injuries, particularly during procedures involving the back, neck, or brain. Anesthesia errors or the improper handling of a patient during or after surgery can result in a loss of blood flow to the spine (ischemia) or direct nerve damage, turning a routine medical procedure into a catastrophic event.
Medical Facilities in Georgia Where Spinal Cord Injuries Are Treated
Georgia is home to some of the most respected spinal cord injury rehabilitation facilities in the nation. Some of these include:
Shepherd Center – Atlanta – Consistently ranked among the top 10 rehabilitation hospitals in the nation by U.S. News & World Report, Shepard Center’s services include acute care, rehabilitation, research, and peer support programs.
Emory University Department of Rehabilitation Medicine – Located on the Emory University Hospital campus, this teaching and research facility offers interdisciplinary care for spinal cord and brain injury.
Support Groups for Spinal Cord Injury Survivors and Their Families
The following organizations provide peer support, advocacy, and resources for spinal cord injury survivors and their families in Georgia:
United Spinal Association of Georgia – Services include peer mentoring (in-person and virtual), monthly support group meetings, weekly online game night, and an adaptive video gaming/esports program. Free membership is open to those with spinal cord injuries, family members, caregivers, and healthcare professionals.
Shepherd Center — Peer Support Groups (Atlanta) – This group, led by former patients, is the longest-running spinal cord injury support group at Shepherd Center and is open to current and former patients and community members.
- The Family and Caregiver Peer Support Group connects family members and caregivers of individuals with spinal cord or brain injuries.
- The R.I.S.E. Program (Resilience, Independence, Support, Empowerment) provides peer mentoring for adolescents and young adults ages 13–23 with spinal cord or brain injuries.
Georgia Brain and Spinal Injury Trust Fund Commission – Georgia’s only state agency offering dedicated funding and resources for spinal cord injury survivors, by providing direct grants and connecting survivors with state and community resources.
Contact Us to Discuss Your Case
At Prieto, DelCampo, Lopez, & Marigliano LLC, our compassionate and caring catastrophic injury attorneys are committed to providing effective legal representation to clients who have suffered serious spinal cord injuries. We will take the time to assess your situation and explain your legal options with compassion.
Contact us to schedule a free consultation so we can get started on your case.
